# The Housing Benefit (Executive Determinations) (Amendment) Regulations (Northern Ireland) 2018 S.R. 2018/2 · made 8 January 2018 These Regulations amend the Housing Benefit (Executive Determinations) Regulations (Northern Ireland) 2008 (“the Executive Determinations Regulations”) to make changes to the manner in which a local housing allowance is determined. Made under: Social Security Contributions and Benefits (Northern Ireland) Act 1992 (Section 122, Section 129, Section 171) PDFs: Printed copy https://openlegislation.uk/housing-benefit-executive-determinations-amendment-regulations-northern-ireland-2018/pdf/nisr_20180002_en.pdf; NI Explanatory Memorandum https://openlegislation.uk/housing-benefit-executive-determinations-amendment-regulations-northern-ireland-2018/pdf/nisrem_20180002_en.pdf ## Introductory text Housing Made 8th January 2018 Coming into operation 26th January 2018 The Department for Communities makes the following Regulations in exercise of the powers conferred by sections 122(1)(d), 129(A)(2) and 171(1) and (3) to (5) of the Social Security Contributions and Benefits (Northern Ireland) Act 1992 and now vested in it. Proposals in respect of these Regulations were not referred to the Social Security Advisory Committee since it appeared to the Department for Communities that by reason of the urgency of the matter it was expedient not to do so. ## 1 Citation, commencement and interpretation (1) These Regulations may be cited as the Housing Benefit (Executive Determinations) (Amendment) Regulations (Northern Ireland) 2018 and shall come into operation on 26th January 2018. (2) The Interpretation Act (Northern Ireland) 1954 shall apply to these Regulations as it applies to an Act of the Assembly. ## 2 Amendment to the Housing Benefit (Executive Determinations) Regulations (1) The Housing Benefit (Executive Determinations) Regulations (Northern Ireland) 2008 are amended in accordance with paragraphs (2) and (3). (2) In regulation 3(3) (broad rental market area determinations and local housing allowance determinations) for sub-paragraph (b) insert— “(b) for all other purposes — (i) on the next 1st April following the day on which the determination is made; or (ii) where the next 1st April is within 11 months beginning with the date on which the determination is made, on the next 1st April after that.”. (3) In the Schedule (broad rental market area determinations and local housing allowance determinations)— (a) in paragraph 2 (local housing allowance for category of dwelling in paragraph 1) — (i) in sub-paragraph (3)(a) for “determined for that category of dwelling on 30th January 2015” substitute “last determined for that category of dwelling”; (ii) in sub-paragraph (3A)— (aa) in paragraph (a) for “determined for that category of dwelling on 30th January 2015” substitute “last determined for that category of dwelling”; (bb) for the table in paragraph (b) substitute— “ (1) Category of dwelling as defined in the following paragraphs of this Schedule (2) Maximum local housing allowance for that category of dwelling Paragraph 1(1)(a) (one bedroom, shared accommodation) £268.46 Paragraph 1(1)(b) (one bedroom, exclusive use) £268.46 Paragraph 1(1)(c) (two bedrooms) £311.40 Paragraph 1(1)(d) (three bedrooms) £365.09 Paragraph 1(1)(e) (four bedrooms) £429.53 ” (b) for the table in paragraph 5A substitute— “ (1) Broad rental market area (2) Category of dwelling as defined in the following paragraphs of this Schedule BRMA1 – South Paragraph 1(1)(b) (one bedroom, exclusive use) BRMA1 – South Paragraph 1(1)(c) (two bedrooms) BRMA1 – South Paragraph 1(1)(d) (three bedrooms) BRMA1 – South Paragraph 1(1)(e) (four bedrooms) BRMA2 – North Paragraph 1(1)(d) (three bedrooms) BRMA2 – North Paragraph 1(1)(e) (four bedrooms) BRMA3 – Lough Neagh Lower Paragraph 1(1)(a) (one bedroom, shared accommodation) BRMA3 – Lough Neagh Lower Paragraph 1(1)(c) (two bedroom) BRMA3 – Lough Neagh Lower Paragraph 1(1)(d) (three bedrooms) BRMA3 – Lough Neagh Lower Paragraph 1(1)(e) (four bedrooms) BRMA4 – North West Paragraph 1(1)(a) (one bedroom, shared accommodation) BRMA4 – North West Paragraph 1(1)(b) (one bedroom, exclusive use) BRMA4 – North West Paragraph 1(1)(c) (two bedrooms) BRMA6 – South East Paragraph 1(1)(d) (three bedrooms) BRMA6 – South East Paragraph 1(1)(e) (four bedrooms) BRMA8 – Belfast Paragraph 1(1)(b) (one bedroom, exclusive use) BRMA8 – Belfast Paragraph 1(1)(c) (two bedroom) BRMA8 – Belfast Paragraph 1(1)(d) (three bedrooms) BRMA8 – Belfast Paragraph 1(1)(e) (four bedrooms) ” ## Signature Sealed with the Official Seal of the Department for Communities on 8th January 2018 (L.S.) Anne McCleary A senior officer of the Department for Communities ## Explanatory note (This note is not part of the Regulations) These Regulations amend the Housing Benefit (Executive Determinations) Regulations (Northern Ireland) 2008 (“the Executive Determinations Regulations”) to make changes to the manner in which a local housing allowance is determined. Regulation 2 amends the Executive Determinations Regulations by substituting tables that provide that, for dwellings in specified categories in specified broad rental market areas, the local housing allowance is the lower of (a) the rent as last determined plus 3% and (b) the maximum allowance applicable to the dwelling, as specified in the table inserted by these Regulations. For other dwellings, the local housing allowance is lower of the rent as last determined and the rent at the 30th percentile, determined in accordance with the Executive Determinations Regulations. Further, these Regulations also amends the Executive Determinations Regulations so that any changes to a broad rental market area made as a result of a broad rental market area determination takes effect either from the 1st of April following the day on which the determination is made or, if that is within 11 months of the day on which the determination is made, the 1st of April the following year. --- Source: https://www.legislation.gov.uk/nisr/2018/2 (the official version) Page: https://openlegislation.uk/housing-benefit-executive-determinations-amendment-regulations-northern-ireland-2018 Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.